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2003-01-13 CITY COUNCIL MEETING AGENDAAGENDA CITY OF PEARLAND , CITY COUNCIL January 13, 2003 7:30 p.m. MAYOR Tom Reid Woody Owens Mayor Pro-Tem Position No. 2 COUNCIL MEMBERS Richard Tetens Position No. 1 Charles Viktorin Position No. $ Larry Marcott Position No. 4 Bill Eisen City Manager Klaus Seeger Position No. 5 Darrin Coker City Attorney Alan Mueller Deputy City Manager Young Lotting City Secretary In accordance with the Texas Open Meeting Act the Agenda is posted for public information, at all times, for at least 72 hours preceding the scheduled time of the meeting on the bulletin board located at the front entrance of the City Hall, 3519 Liberty Drive. AGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON JANUARY 13, 2003, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. I. CALL TO ORDER II. INVOCATION AND PLEDGE OF ALLEGIANCE III. MAYOR'S ACTIVITY REPORT IV. COUNCIL ACTIVITY REPORTS V. CITY MANAGER'S REPORT VI. CITIZENS VII. DOCKETED PUBLIC HEARING: None VIII. CONSENT AGENDA: ALL ITEMS LISTED UNDER THE "CONSENT AGENDA" ARE CONSIDERED TO BE ROUTINE, AND REQUIRE LITTLE OR NO DELIBERATION BY THE CITY COUNCIL. THESE ITEMS WILL BE ENACTED/APPROVED BY ONE MOTION UNLESS A COUNClLMEMBER REQUESTS SEPARATE ACTION ON AN ITEM, IN WHICH EVENT THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED BY SEPARATE ACTION (X. MATTERS REMOVED FROM CONSENT AGENDA). APPROVAL OF THE CONSENT AGENDA ENACTS THE ITEMS OF LEGISLATION. A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: 1. Minutes of the October 23, 2002, Joint Public Hearing held at 6:30 p.m. 2. Minutes of the October 24, 2002, Joint Public Hearing held at 7:00 p.m. 3. Minutes of the October 29, 2002, Public Hearing held at 6:30 p.m. 4. Minutes of the December 9, 2002, Regular Council Meeting held at 7:00 p.m. 5. Minutes of the December 9, 2002, Regular Council Meeting held at 7:30 p.m. 6. Minutes of the December 2, 2002, Special Council Meeting held at 6:30 p.m. Page 1 of 5 - 1/13/2003 Bm Cw 7. Minutes of the December 16, 2002, Special Council Meeting held at 7:00 p.m. 8. Minutes of the December 16, 2002, Special Council Meeting held at 7:30 p.m. CONSIDERATION AND POSSIBLE ACTION - EXCUSE ABSENCE OF COUNCILMEMBER KLAUS SEEGER FROM THE REGULAR MEETINGS HELD ON DECEMBER 9, 2002 AT 7:00 P.M. AND 7:30 P.M. City Council. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 1092 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING AND REESTABLISHING PRIMA FACIE SPEED LIMITS PURSUANT TO SECTION 545.356, TEXAS TRANSPORTATION CODE, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON PEARLAND PARKWAY, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE THE SPEED LIMIT IN THIS AREA INURES TO THE BENEFIT OF THE TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Darrin Coker, City Attorney. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 1093 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING AND REESTABLISHING PRIMA FAClE SPEED LIMITS PURSUANT TO SECTION 545.356, TEXAS TRANSPORTATION CODE, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON PEARLAND PARKWAY AND OILER DRIVE, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE THE SPEED Page 2 of 5 - 1/13/2003 IX. X. Em Em IA. LIMIT IN THIS AREA INURES TO THE BENEFIT OF THE TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Darrin Coker, City Attorney. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-1 - WHEREAS CITY OF PEARLAND IS A LOCAL GOVERNMENT OR STATE AGENCY OF THE STATE OF TEXAS AND IS EMPOWERED TO DELEGATE TO THE PUBLIC FUNDS INVESTMENT POOLS THE AUTHORITY TO INVEST FUNDS AND TO ACT AS CUSTODIAN OF INVESTMENTS PURCHASED WITH LOCAL INVESTMENT FUNDS AMEND TEX POOL REPRESENTATIVES. Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-5 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR RENEWAL OF A RADIO COMMUNICATIONS AGREEMENT. Mr. Darrin Coker, City Attorney. MATTERS REMOVED FROM CONSENT AGENDA NEW BUSINESS CONSIDERATION AND POSSIBLE ACTION - REMOVE FROM TABLE ORDINANCE NO. 509-623. City Council. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-623 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING THE NORTH 80 FEET OF LOT 1 AND LOT 12, BLOCK G, PEARLAND TOWNSITE, ACCORDING TO THE MAP OR PLAT RECORDED IN VOLUME 29, PAGE 41, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS (SPECIFIC USE APPLICATION NO. 120) (ORANGE STREET, BETWEEN GRAND AVENUE AND PARK AVENUE) FROM CLASSIFICATION GENERAL BUSINESS DISTRICT (GB) TO GENERAL BUSINESS DISTRICT (GB) SPECIFIC USE (GB(S)) FOR A TWO-FAMILY DWELLING (DUPLEX) ON EACH LOT WITH THE STIPULATION IF CONSTRUCTION IS NOT STARTED WITHIN TWO YEARS OF RECEIVING THIS SPECIFIC USE Page 3 of 5 - 1/13/2003 PERMIT BY CITY COUNCIL THEN THE SPECIFIC USE PERMIT WOULD EXPIRE AT THE REQUEST OF SAENZ DEVELOPMENT, AGENT FOR TOMMY S. DAWSON, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-631 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 11.64 ACRES, BEING A PORTION OF LOT 178, ZYCHLINSKI SUBDIVISION, SECTION 28, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 551, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1073) (4501 DIXIE FARM ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO HEAVY INDUSTRIAL DISTRICT (M-2) AT THE REQUEST OF, STEVE ROBINSON, AGENT FOR JESSE G. ZAMARRON, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 1091 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REVISING THE CAPITAL IMPROVEMENTS PLAN FOR THE CITY OF PEARLAND; UPDATING IMPACT FEES IN ACCORDANCE WITH STATE LAW; MAKING CERTAIN FINDINGS; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION, CODIFICATION AND AN EFFECTIVE DATE. Mr. Alan Mueller, Deputy City Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-2 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A LANDSCAPING MAINTENANCE AGREEMENT ASSOCIATED WITH THE Page 4 of 5 - 1/13/2003 MAINTENANCE OF PROPERTIES PURCHASED THROUGH THE FEMA BUYOUT PROGRAM. Mr. Darrin Coker, City Attorney. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. 2003-4 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH PEARLAND INDEPENDENT SCHOOL DISTRICT FOR IMPROVEMENTS ASSOCIATED WITH ROGERS MIDDLE SCHOOL. Mr. Darrin Coker, City Attorney. CONSIDERATION AND POSSIBLE ACTION - NAMING OF PARK ON GRAND BLVD. Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2003-3 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE ACQUISITION OF RIGHT-OF-WAY FOR PEARLAND PARKWAY. Mr. Alan Mueller, Deputy City Manager. OTHER BUSINESS: None. Xl. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Young Lorfin,q at 281- 652-1655 prior to the meeting so that appropriate arrangements can be made. Page 5 of 5 - 1/13/2003